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Title: WIN Mazda + Round World Flights + $5k or 1/70 Summafieldayze DPs - QLD ONLY Post by: JRN on Monday 19 November 2012, 03:24:17 pm (http://cdn.novafm.com.au/sites/default/files/frg_novastake2.jpg)
http://www.novafm.com.au/competition/play-novas-take-2-win-big JRN: There are a number of ways of entering this but includes online. Basically a spot the difference competition. 70 prizes of Summafieldayze tickets and overall prize winner seems to get $5000, round the world tickets for 2 and a car. QLD ONLY I'm afraid. We have a brand new Mazda 2, a trip around the world PLUS $5,000 cash up for grabs! All you have to do to win is like us on Facebook and TAKE TWO. Each day we’ll put up a brand new ‘spot the difference’ picture on the Nova 106.9 Facebook page. Tell us what the differences are below and you will score a double to Summerfieldaze 2013, as well as go into the major draw. To play, like us on Facebook and then listen to Ash, Kip and Luttsy from 6am weekdays! Name of Promotion Nova‟s Take 2 Permit numbers N/A Station and Station Website Nova 1069 (www.novafm.com.au/nova1069/ and www.nova1069.com.au) Promoter Nova 106.9 Pty Ltd (ACN 108 206 079) of Level 3, 130 Commercial Road Teneriffe QLD 4005 Relevant State/s QLD Entry Restrictions Entrants [and their companion/s] must be 18 years of age or over. If requested by the Promoter, entrants must provide the Promoter with proof of their identity and age in a form acceptable to the Promoter. Entrants who are unable to satisfy this requirement may forfeit their Prize. Entrants [and their companion/s] must be the holder of a current passport with at least 6 months validity from the travel date. Entrants must be the holder of a current and valid driver‟s licence in order to be eligible to awarded the vehicle component of the Prize. Entrants must be able to attend the Challenge on Eaton‟s Hill Hotel, 646 South Pine Road Albany Creek QLD 4035 from 0600AM-0900AM on Friday December 7, 2012 in order to be eligible to participate in the Challenge. Entrants who are unable to attend the Challenge on the above listed date and time may nominate someone to attend in their place (“Proxy”) provided they seek prior permission from Promoter and the Promoter has approved the entrant‟s Proxy. Entrants will have until 3:45pm on Thursday 6 th December 2012 to nominate a Proxy and entrants who have not nominated a Proxy before this date may forfeit any chance of participating in the Challenge and winning a Prize. Entrants (or their nominated Proxy) must be registered at the Challenge by representatives of the Promoter no later than 0730am on the Challenge Date. Entrants who are not registered by this time may forfeit any chance of winning a Prize. (this clause does not apply to the “wildcard” entrant who has until 0820am AEST on the Challenge Date to register for the Challenge). Entrants for the „wildcard entry‟ must be available to attend the Challenge on the dates and times specified. Wildcard entrants must also be able to transport themselves to a predetermined location (to be disclosed by the Promoter at the time of winning and in any event no more than 20km from the winner‟s registered address) or be available for collection by representatives of the Promoter for transportation to suitable location for further transportation to the Challenge. Prior to participating in the Challenge, entrants will be required to sign an indemnity (in a form substantially similar to the indemnity attached to these Current as at: 17 May 2012 Latest Revision Date: 17 May 2012 Contact: dmg Radio Australia’s Legal Counselpage 2 Terms of Entry) in order to be eligible to participate in the Challenge. Competition Period Web Entry: The competition begins at 0600AM AEST on Friday 16 November 2012. Entries into the competition close at 1500PM AEST on Thursday 6 December 2012. Phone Entry: The competition begins at 0600AM AEST on Monday 19 November 2012 Entries into the competition close at 1500PM AEST on Thursday 6 December 2012. In Person Entry: Entries into the competition open at 0630am and close at 0730am AEST on Friday 7 December 2012 Wildcard Entry: Wildcard Entries into the competition open at 0600am and close at 0700am AEST on Friday 7 December 2012 Entry Method Phone entry: At various times during the Competition Period: (a) One image (containing two similar but not identical images) will be uploaded to the Nova 106.9 Facebook page (b) listeners will be invited to call 13 24 10 during a specified time period; (c) entrants who successfully call 13 24 10 and are selected by the Promoter (as determined by the Promoter in its sole and absolute discretion) will be asked to identify one (1) „difference‟ that they have spotted between the two images hosted on the Nova 106.9 Facebook page (there may be more than one difference between the images) (d) Once a difference has been nominated by an entrant and accepted as correct by the Promoter, that difference cannot be nominated again by an entrant. (e) each selected entrant who correctly identifies a new „difference‟ correctly on-air (in the Promoter‟s sole and absolute discretion) will be awarded a minor prize and receive one (1) invitation to participate in the Challenge. Web entry: a) Participants must visit the Station Website during the Competition Period and fully complete the online entry form, including by providing their name, address, contact number, email address, and correctly identify one of the „differences‟ between the two similar but not identical images provided. b) All correct and valid entries received will be placed into a random electronic Minor Prize draw. Participants will receive an email confirming their entry into the draw. c) The selected entrant/s from the Minor Prize Draw will be deemed winner/s and be awarded a Minor Prize each and also receive one (1) invitation to participate in the Challenge Prize Event entry (In Person): a) Participants must attend the Challenge on Friday 7 December 2012 at Eaton‟s Hill Hotel between 0700 – 0730 AEST to be eligible to make an “in person” entry. b) Participants must then complete the entry form, including by providing their name, address and contact number. c) All valid entries received will be placed into a random prize draw in accordance with the Prize Event Draw details. Up to three (3) entrants will be selected in the Prize Event Draw and the selected entrants will each be page 3 awarded a Minor Prize and be invited to participate in the Challenge. Wildcard entry: At approximately 0600AM on Friday 7 December 2012 a photo (containing two similar but not identical images) will be uploaded on the Nova 106.9 facebook page with the there being one „difference‟ between the 2 images. A) listeners will be invited to call 13 24 10 during a specified time period; B) the entrant who successfully calls 13 24 10 and is selected by the Promoter (as determined by the Promoter) will be asked to identify the „difference‟ that they have spotted in the image hosted on the Nova 106.9 Facebook page C) the entrant who correctly guess the difference (as determined in the Promoter‟s sole and absolute discretion) and is deemed the winner by the Promoter will be awarded the „wildcard‟ entry invitation to participate in the Challenge and be awarded a Minor Prize. D) The winner of the wildcard entry must make themselves available to attend a location near the address nominated in their entry (as specified by the promoter) between 0600-0730AM Friday 7 December 2012 for air transportation to the Challenge Location; Eatons Hill Hotel, 646 South Pine Road Albany Creek QLD 4035. E) If any technical or logistical difficulties arise the promoter may substitute the air transportation for ground transportation. * Clues as to the differences between the images on the Nova 1069 Facebook page may be provided by the Promoter (at the Promoter’s sole and absolute discretion), however the Promoter is under no obligation to do so. Maximum Number of Entries Entrants may enter the competition as many times as they wish, however entrants may only win one minor prize each and one (1) invitation to the Challenge. Challenge Details On Friday 7 December 2012 representatives of the Promoter will conduct the challenge at the Challenge Location between 0820AM and 0900AM. Each successful entrant who accepts the invitation to participate in the challenge, and who registers with representatives of the promoter (in person or via their nominated proxy) by the time period specified in the Entry Restrictions will be eligible to participate in the Challenge. All eligible Challengers will be placed into a random draw to determine the order in which they will participate in the subsequent draw. All eligible Challengers will then be placed into a second random draw from which it will be determined if they will be deemed a finalist for the Major Prize Draw. One at a time the Challengers must test their keys and that Challenger will be awarded the Major Prize. The promoter may, at its discretion, elect to disqualify a challenger at any time during the challenge, if that challenger, in the promoter‟s discretion attempts to control or affect the outcome of the challenge. The station‟s decision as to the result of the challenge is final and no correspondence will be entered into. Challenge Date and Challenge Location The Challenge will take place 0820-0900AM AEST on Friday 7 December 2012 at Eaton‟s Hill Hotel, 646 South Pine Road Albany Creek QLD 4035. Draw Details Two draws will be conducted, as follows:page 4 Minor Online Draw: - Minor draw: 1500 AEST on Thursday 6 December 2012 at Nova106.9, Level 3, 130 Commercial Road Teneriffe QLD 4005 Prize Event Entry Draw - Minor draw: 0730AM AEST on Friday 7 December 2012 at Eaton‟s Hill Hotel, 646 South Pine Road Albany Creek QLD 4035 Prize Details Minor prizes: There are up to 70 minor prizes to be won, as follows: - Minor prize: Two [2] tickets to Summerfieldayze on Saturday 5 January 2013 at Doug Jennings Park Main Beach, Gold Coast, QLD. valued at up to $235 (inc GST) Major prize: There is one [1] major prize to be won, as follows: Major prize: - $5,000 cash to be deposited into the winner‟s bank account - Two [2] „around the world‟ economy airfare tickets with a minimum of three stops, up to the value of $4,500 per ticket including GST provided as a voucher from Travelworld Campbelltown A. Extra Mileage Surcharges (EMS) are not applicable B. Travel must be via the Atlantic and Pacific Oceans and only one crossing of each ocean is permitted. C. Travel must be in a continuous forward direction between TC1-TC2- TC3. Backtracking within a region is permitted except as follows: Backtracking between Hawaii and other points in North America is not permitted D. Travel may originate at any point for which fares are published and must terminate at the same point, except that origin-destination surface segments are permitted as follows: (a) within country of origin (b) within the Middle East (c) between USA and Canada (d) between HKG and China (e) between Malaysia and SIN (f) within Africa (g) between Maldives & Sri Lanka/India E. Travel may not be via the point of origin. F. Only one intercontinental departure and one intercontinental arrival permitted in each continent except as follows: 1. Two permitted in North America when one is a transfer without stopover. 2. Two permitted in Asia when one is a transfer without stopover or on direct single plane service between the Southwest Pacific and Europe. I. A minimum of 3 and maximum of 16 segments, including surface page 5 segments between any 2 airports, are permitted for the entire journey. J. The same city pairs/sectors cannot be flown more than once in the same direction. K. Travel on any AA/AB/AS/BA/CX/EI/FJ/GF/HG/IB/IG/IT/JL/KA/LA/MH/NU/QF/RJ/S7/XL/4M codeshare service operated by AA/AB/AS/AY/BA/CX/EI/FJ/GF/HG/IB/IG/IT/JL/KA/LA/MH/ NU/QF/RJ/S7/XL/4M is permitted. All other codeshare flights are not permitted with exception of: QF codeshare services operated by Air Tahiti Nui (TN), Jetstar (JQ), South African Airways (SA) and Vietnam Airlines (VN) - One [1] Mazda 2 Make and Model: Mazda2 Manual Neo Body: Hatch Year: 2012 Colour: Colour of choice, as selected by winner Transmission: Manual. The winner may also choose to upgrade to an automatic transmission, or to a higher spec model. The upgrades will be at the winner‟s cost, and cost will be charged at the recommended retail price. Prize Value: $15,990* (incl GST) * Prize Value is based on the manufacturer's recommended retail driveaway price (RDP) and includes the vehicle price, 12 months registration, stamp duty, luxury car tax (if applicable), CTP insurance cost estimate (based on private purchaser with good driving record) and a recommended charge for dealer delivery. The quoted RDP is an estimate based on the postcode selected (4000). Comprehensive car insurance, license/s, other accessories, delivery/collection costs and any other ancillary costs not listed in the prize details above are the responsibility of the winner as incurred. Total Prize Pool Up to $55,440 (inc GST) Notification of Winners Winners will be notified: - via telephone - in person - on air at the time of winning Publication Details N/A Prize Claim Date and Time Winners must claim their minor prize by 4pm on Friday 4 January 2013 Winner must be able to claim the major prize within six [6]months of winning the prize Unclaimed Prize Draw Date and The unclaimed prize draw will be conducted between 1000am and 1400PM on Friday 8 th March 2013 at Nova 106.9 Pty Ltd (ACN 108 206 079) of Level 3, page 6 Publication Date 130 Commercial Road Teneriffe QLD 4005 Prize Delivery The minor prize/s will be available for collection by the winner from the Station. The Station will contact the winner when their prize is ready for collection. The cash component of the Major Prize will be transferred to the winner‟s nominated bank account via electronic funds transfer. The car component of the prize will be arranged between the winner and Mazda The travel component of the prize will be delivered in the form of a voucher to Travelworld Campbelltown page 7 INDEMNITY AND EXCLUSION OF LIABILITY DEED – CHALLENGERS (This document should be signed by the participant in a challenge, prior to participating in the challenge.) Challenger Name Nova‟s Take 2 Address Telephone Emergency contact person and phone number Promoter Name Nova 106.9 ACN 108 206 079 Address 130 Commercial Road, Teneriffe, 4005 Telephone 07 3872 6999 Contact person Station Manager Competition Nova‟s Take 2 Challenge Date Friday 7 December 2012 Challenge Challengers must be able to make their own way to the Challenge Location, with the exception of the „Wildcard Entry‟ Challenger. The Wildcard Entry Challenger (where possible) will be transported to the Challenge Location by air (via helicopter). To facilitate air transportation the Wildcard Entry Challenger will be either; a) Requested to attend a location (to be disclosed at the time on winning) no more than 20km from their registered address; OR b) Be available for collection be representatives of the Promoter for transportation to suitable location for further transportation to the Challenge. The Wildcard Entry Challenger must be available for transport to the Challenge Location from between 6:00AM and 7.45AM on the Challenge Date. Challenger‟s acknowledge and agree that air transportation (in particular helicopter transportation) may be dangerous and that they have considered the risks fully before participating. Challenge Location The Challenge will take part at Eatons Hill Hotel, 646 South Pine Road Albany Creek QLD 4035. Is there any reason, medical or otherwise, that you might not be able to participate in the Challenge fully and safely? YES / NOpage 8 You, the challenger listed above, have been selected to undertake the Challenge subject to the following. 1 General In consideration of the Promoter agreeing to your participation in the Competition and the Challenge, you agree to be bound by: (a) the provisions of this deed; (b) the terms and conditions of the Competition (the Competition Terms of Entry); and (c) any rules of the Challenge notified to you by the Promoter or any associated agency or company. 2 Participation in the Challenge You: (a) acknowledge that all or some elements of the Challenge may be dangerous and/or carry risks. Without limitation, you may suffer personal injury (including physical or psychological injury) or other forms of loss or damage in connection with participating in the Challenge. By participating in the Challenge, you voluntarily and freely accept all risks and danger associated with the Challenge; (b) acknowledge that the Promoter has given you every reasonable opportunity to consider the risks and to withdraw from participating in the Challenge; (c) must comply with all reasonable directions issued by the Promoter, its related bodies corporate, associated agencies and any organisation involved with the Competition or the Challenge and their respective directors, officers, employees, agents and contractors (the Released Parties); (d) acknowledge that you may suffer defamatory, negative or other derogatory comment made by the Promoter or any other person in connection with the Challenge which comment may be broadcast or otherwise communicated to the public by the Promoter, in its absolute discretion, or others authorised by the Promoter, at any time and from time to time; (e) warrant that you are sufficiently healthy and fit, and possess appropriate levels of skill, balance, dexterity and other personal characteristics, to safely undertake the Challenge. If you have any doubts about this, you must not undertake the Challenge; and (f) warrant that you have declared any relevant medical condition that you suffer to the Promoter in writing prior to participating in the Challenge. 3 Release in favour of the Promoter 3.1 The Released Parties will not be liable for any loss (including, without limitation, any damage to property and any direct, indirect, economic, special or consequential loss), damage, cost, expense, personal injury or death which is suffered or sustained (including but not limited to that arising from any person‟s negligence) in connection with the Competition or in connection with you undertaking the Challenge. 3.2 Without limiting paragraph 3.1, you unconditionally and irrevocably release and discharge the Released Parties to the fullest extent that the law permits from and against any and all Claims which you or any other person may have had, have now, or at any time in the future may have against the Released Parties in any way arising out of or in connection with the Competition and/or undertaking the Challenge. The release given in this paragraph in favour of persons not a party to this deed is intended to be and is directly enforceable by each of those persons, and this deed operates as a deed poll in favour of those persons. 3.3 Without limiting paragraph 3.2, the Claims that you release the Released Parties from include any claims resulting from the negligence of any Released Party, any claims associated with any defamatory or negative comments or physical or psychological injury and/or loss or damage suffered as a result of participation by you or any other person in the Competition or the Challenge, any promotional activities, publications or broadcast of any of the foregoing.page 9 3.4 To the extent that any liability cannot be excluded by law by this paragraph 3, that liability is limited to the minimum allowable by law. Nothing in this deed limits or excludes any contractual term that, by operation of statute, cannot be excluded or limited. The liability of the Released Parties in relation to any such contractual term is limited, where permissible by law, at the election of the person or entity liable, to (in the case of a supply of goods) the replacement or repair of the goods or the payment of the cost of replacement or repair, or (in the case of a supply of services) the supplying of the services again or the payment of the cost of having the services supplied again. 3.5 If the release in paragraphs 3.2 and 3.3 is not effective for any reason, you irrevocably and unconditionally indemnify and agree to keep indemnified the Released Parties, to the fullest extent possible, against any and all Claims in relation to the Challenge or the Competition that you or any other person may have against the Released Parties. 4 Promotional activities for the Promoter 4.1 You agree to participate in any media or promotional activities selected by the Promoter in relation to the Competition and the Challenge and agree that you will not be involved in any other promotional activities of any kind in relation to the Competition or the Challenge for or at the request of any other person or organisation without obtaining the Promoter‟s prior written consent. 4.2 If you participate in any media or promotional activity under paragraph 4.1, you agree: (a) to express a positive view of the Released Parties (including their respective operations), the Competition and the Challenge; and (b) not to express a negative view of the Released Parties (including their respective operations), the Competition or the Challenge. 5 Promoter may publish promotional material 5.1 The Promoter (or any person authorised by the Promoter) may record, photograph or publish, in any medium: (a) your likeness, name and personal details; (b) your participation in the Competition and the Challenge; and (c) your participation in any promotional or other activity connected with the Competition or the Challenge. 5.2 You agree that all intellectual property rights and other legal rights in or to any documents, recordings, images, broadcasts or other materials produced in relation to the Competition and the Challenge, including, without limitation, sound, photograph or video recordings referred to in paragraph 5.1 above, (Competition Materials) belong to the Promoter and/or the Released Parties (as the case may be). You acknowledge and agree that you have no right or interest of any kind in the Competition Materials. 6 Representations and Warranties You represent and warrant to the Promoter that at all relevant times, you complied with the Entry Restrictions as set out in the Competition Terms of Entry (if any), including, without limitation, any restrictions in relation to age and that you continue to comply with those requirements (as applicable) at the date of this deed. 7 Alcohol and illicit drugs Where, in the Promoter‟s opinion, you are under the influence of alcohol or illicit drugs at the time of undertaking or participating in the Challenge, the Promoter may take whatever action it deems necessary, which may include disqualifying you from the Challenge. In these circumstances, you will forfeit all claims in relation to the Competition and the Challenge. 8 General 8.1 To the extent of any inconsistency between this deed and the Competition Terms of Entry, the provisions of this deed prevail. 8.2 It is not necessary for the Promoter to incur any expense or make any payment before enforcing a right of indemnity conferred under this deed.page 10 8.3 The Promoter may enforce this deed, or any right arising under or out of this deed, for and on behalf of any or all of the other Released Parties. 8.4 This deed is governed by the laws in force in the State where the Promoter‟s address (stated above) is located. You irrevocably submit to the exclusive jurisdiction of the courts of that place. 9 Privacy The information you provide will be used by the Promoter for the purpose of administering the Competition and conducting the Challenge. The Promoter may disclose your personal information to its contractors, agents and any other third parties to assist in conducting the Competition and/or the Challenge and communicating with you in relation to the Competition and/or the Challenge. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. You can request access to the personal information the Promoter holds about you by contacting the Promoter at its address stated above. 10 Definitions In this deed: the word “Claim” means any allegation, right to or claim for payment of a debt, cause of action, liability, claim, proceeding, suit or demand of any nature howsoever arising (including but not limited to negligence on the part of any person) and whether present or future, fixed or unascertained, actual or contingent, whether at law, in equity, under statute or otherwise and “Claims” has a corresponding meaning; “related body corporate” has the meaning given in the Corporations Act 2001 (Cth) from time to time and “related bodies corporate” has a corresponding meaning; and unless the contrary intention appears, a reference in this deed to the word “person” includes an individual, a firm, a body corporate, a partnership, a joint venture, an unincorporated body or association, or any government agency or entity. By signing below you agree to be bound by the terms of this deed. EXECUTED as a deed poll. DATED: ……………………………. (insert date) (g) Signed sealed and delivered (h) (i) by ………………………………………. (Challenger‟s name) in the presence of: (j) ) (k) ) (l) ) (m) (n) (o) (p) ............................................................ ... (q) Challenger‟s signature (r) (s) (t) ............................................................ ... (u) Witness (v) (w) ............................................................ ... (x) Name of Witness (print) (y) (z) (aa)Trade Promotion: Game of Chance Terms of Entry 1 These terms must be read together with the Schedule for this competition. The Schedule defines certain terminology used in these terms. By entering, entrants accept these terms. To the extent of any inconsistency between the Schedule and these terms, the Schedule prevails. For the avoidance of doubt, the Promoter‟s General Terms of Entry (available on the Station Website) do not apply to this competition. 2 Entry is open only to residents of the Relevant State/s who comply with the Entry Restrictions (if any). Directors, officers, management, employees and other staff (and the immediate families of directors, officers, management, employees and other staff) of the Promoter or of its related bodies corporate, or of the agencies or companies associated with this competition or of any Australian commercial radio broadcaster are ineligible to enter. 3 The competition will be conducted during the Competition Period. 4 To enter the competition, entrants must follow the Entry Method during the Competition Period. 5 Entries must be received by the Promoter during the Competition Period. Entrants may submit up to the Maximum Number of Entries. Multiple entries (where permitted) must be submitted separately. 6 The Promoter accepts no responsibility for late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. The Promoter has no control over communications networks or services, the Internet, or computer or telephone networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise. The Promoter is not liable for any consequences of user error including (without limitation) costs incurred. Any form of automated entry using any device or software is invalid. Entries via SMS or email are deemed to be received at the time of receipt into the Promoter‟s database not at the time of transmission by the entrant. 7 If this promotion involves SMS entry, the maximum cost of each SMS is 55 cents (inc GST) and entries must be submitted from the entrant‟s mobile phone. SMS entry is only open to entrants with an SMS compatible mobile phone with calling line identification connected to a service provider which permits text and premium messaging to and from the promotional SMS number. Entrants should check with their network service provider to see if their mobile phone is compatible. Entrants under the age of 18 must obtain the bill payer‟s permission prior to entering. The Promoter‟s Service Provider is 5 th Finger Pty Ltd (helpline: 1300 464 866). 8 If this promotion involves entry via a competition phone line, the maximum cost of a call to the competition phone line is 55 cents (inc GST) except that higher rates may apply from mobile or public phones. Entrants under the age of 18 must obtain the bill payer‟s permission prior to entering. 9 The draw/s (if applicable) will be conducted in accordance with the Draw Details. The prize/s will be awarded to a valid entrant or entrants (as applicable) randomly drawn in accordance with the Prize Details. 10 If the competition involves a challenge as described in the Challenge Details (the Challenge), the Challenge will be conducted in accordance with the Challenge Details page 2 on the Challenge Date at the Challenge Location. If an entrant participating in the Challenge is deemed, by representatives of the Promoter, to have completed the Challenge successfully within the time period specified by the Promoter (where applicable), and in accordance with any other criteria specified in the Schedule or by the Promoter, they will receive a prize as described in the Prize Details. Unless otherwise specified, entrants are responsible for making their own way to and from the Challenge Location to participate in the Challenge. If the Challenge Location is specified to be an “entrant‟s home” or similar, the entrant warrants that the address nominated by the entrant is the address where the entrant lawfully and usually resides and that the entrant has authority to allow persons access to the home and the land on which it is situated. The entrant consents to the Promoter and any other persons as required by the Promoter accessing and entering the home and the land, for the duration of the Challenge and for any period before or after the Challenge, as reasonably required for the purposes of the Challenge. Unless the contrary intention appears, a reference in these terms to the word “person” includes an individual, a firm, a body corporate, a partnership, a joint venture, an unincorporated body or association, or any government agency or entity. 11 The prize/s are specified in the Prize Details. The total prize pool is specified in the Total Prize Pool section of the Schedule. 12 Where a prize includes international or domestic travel, the prize cannot be taken during peak periods and must be booked and completed as specified by the Promoter and/or the supplier or organiser of the prize. If the prize is event based, travel must be taken to coincide with the relevant event on the dates specified by the Promoter. Any flights and accommodation constituting part of a prize are subject to booking and availability. All costs associated with a travel prize which are not specified to be included in the prize, including but not limited to any transfer costs, meals, taxes, insurance and other ancillary costs, are the responsibility of the winner and their companion/s. The winner and any travelling companion/s are responsible for ensuring that they have all necessary travel insurance and documents to travel to the relevant place (including a current passport and visas, if required). The Promoter is not responsible for any cancellation, delay or rescheduling of flights and any costs incurred as a result (including, without limitation, accommodation costs) will be the sole responsibility of the winner. Where a prize includes international travel, winners are advised to consult their healthcare professional regarding recommended immunisations and/or health checks prior to travelling and to check for travel warnings and any perceived hazards with appropriate authorities, including www.dfat.gov.au. 13 If the prize includes any vehicle (Vehicle), including a motor vehicle/motorcycle/motor scooter/boat or any other vehicle, the prize does not include any insurance or accessories not specified. If a winner of a Vehicle is under the age of 18 years, the prize will be awarded to the winner‟s parent or guardian. The winner or his or her parent or guardian (as the case may be) (Deemed Winner) is responsible for arranging their attendance at the premises nominated by the Promoter to collect the Vehicle. Where required, the Deemed Winner must provide all information and sign all documentation necessary to enable the Promoter to register the Vehicle in the name of the Deemed Winner prior to collection. To be eligible to claim the Vehicle, the Deemed Winner must be capable of obtaining registration of the Vehicle in his or her name in accordance with any applicable legislation in the Relevant State in which the Vehicle is collected. If the Deemed Winner is, through any legal incapacity or otherwise, unable to register the Vehicle in his or her name then he or she may assign the Vehicle to another person with legal capacity for the purpose of registration of the Vehicle. 14 Where a prize involves the winner:page 3 (a) attending an event, if any part of the event is abandoned, called off, varied or postponed for any reason, then at the Promoter‟s discretion, the relevant winner (and their companion/s, if applicable) forfeits all rights to attend the relevant event and no cash or alternative tickets will be substituted for that element of the prize; and/or (b) meeting or attending a function with a celebrity or other public figure, the Promoter will not be liable for the failure of the winner (and their companion/s, if applicable) to meet that person or failure of that person to attend the function, for whatever reason. 15 If the prize includes vouchers, all vouchers are valid until the voucher expiry date as specified on the voucher or by the provider of the voucher. Vouchers are subject to the conditions stipulated by the provider of the voucher. If the total value of a voucher is not used at the time of redemption, a new voucher may (subject to the conditions stipulated by the provider) be issued for the remaining amount. Any such further voucher is valid for the remainder of the original voucher expiry period. Vouchers cannot be redeemed for further vouchers. 16 If the prize includes tickets, all tickets are valid for the date or period as indicated on the tickets. Tickets are subject to the conditions stipulated by the provider of the tickets. 17 If a winner of a prize is under the age of 18 years (where entry by persons under 18 is permitted), the Promoter may, at its discretion, award the prize to the winner‟s parent or guardian. 18 The Promoter may, at its discretion, require any person taking any prize to be 18 years of age or over, or if a person is under the age of 18, require that that person be accompanied by a parent or legal guardian while taking the prize. 19 The Promoter may in its absolute discretion prohibit an entrant‟s participation in this competition, cancel a prize or otherwise cease to provide any benefit of a prize to a winner and their companion/s if the entrant or the winner (or their companion/s), in the opinion of the Promoter, is under the influence of alcohol or any other drug, behaves aggressively or offensively, or behaves in a manner which may diminish the good name or reputation of the Promoter or any of its related bodies corporate (or of the business of the Promoter or any of its related bodies corporate), is contrary to law or is otherwise inappropriate. 20 The Promoter encourages consumers to enjoy alcohol responsibly. Legal aged consumers are advised to consider the safe drinking levels recommended in the National Health and Medical Research Council Australian Alcohol Guidelines. A full version of the Guidelines is available at http://www.alcoholguidelines.gov.au/. 21 All entries and materials submitted to the Promoter in connection with this competition (in any form, including without limitation in hard copy or electronic form), become the property of the Promoter and each entrant warrants that it has the right to transfer these things to the Promoter. The Promoter may use such entries and materials and any intellectual property rights subsisting in them in any medium and in any manner it sees fit, including without limitation, by reproducing, modifying or adapting such entries and materials. 22 Entrants must, at the Promoter‟s request, participate in all promotional activity (such as publicity and photography) surrounding this competition or the winning of any prize, free of charge, and they consent to the Promoter and its related bodies corporate using their name and image in promotional material. Without limitation, entrants consent to being broadcast, filmed, photographed or otherwise recorded without compensation while participating in this competition, or any Challenge involved in this competition, or in page 4 taking or using any prize, and they consent to the Promoter repeating any such broadcast, film or other recording at any time. 23 If an entrant is unable to or refuses or fails to take part in any element of this competition (including, without limitation, a Challenge forming part of this competition), or a winning entry is deemed not to comply with these terms, the Promoter reserves the right to discard that entrant‟s entry and proceed as if that entrant had not entered the competition. Entries that, in the Promoter‟s judgment, are offensive, defamatory or otherwise objectionable or inappropriate or that infringe any third party rights will be invalid. The judges‟ decision is final and no correspondence will be entered into. 24 The winner/s will be notified as stated in the Notification of Winners section of the Schedule and their name and state of residence will be published in accordance with the Publication Details. By entering this competition, each entrant requests that his or her full address not be published. 25 If any prize is not claimed by the Prize Claim Date and Time, the relevant winner‟s entry will be deemed invalid and the Promoter reserves the right to conduct such further draws on the Unclaimed Prize Draw Date as are necessary to distribute the prize/s, subject to any directions given by any relevant authority. If required by law or any relevant authority, the winner/s will have their name and state of residence published in accordance with the Unclaimed Prize Draw Publication Details. If a prize is no longer capable of being redeemed, the new winner/s will receive a prize, as determined by the Promoter, of equivalent value (as if the original prize had been awarded to that person, less any administrative expenses incurred by the Promoter), subject to the approval of the relevant authorities in the Relevant State/s, if required. If no Unclaimed Prize Draw Date is specified, any unclaimed prize/s will be distributed at the Promoter‟s discretion. 26 Entrants acknowledge that there may be inherent risks in some aspects of the competition, including without limitation any Challenge involved in this competition, or the prize and that participation in the competition and/or using the prize may involve participating in dangerous activities. By entering this competition and/or accepting the prize, entrants accept that risk. 27 In order to participate in this competition and/or the activities which may be awarded as part of the prize, the winner (and their companion/s, as applicable) must comply with applicable height, weight, health, fitness, skill, balance, dexterity and any other requirements normally associated with the particular activity. It is the entrant‟s responsibility to ensure that they (and their companion/s, as applicable) are sufficiently healthy and fit so as to safely participate in this competition and/or undertake the activities awarded as part of the prize. The Promoter reserves the right to deem that an entrant/winner (or their companion/s, as applicable) is not sufficiently healthy or fit. The entrant/winner must comply with all requirements and directions of the people responsible for the conduct of the relevant activity and must ensure that their companion/s also comply, if applicable. 28 If requested by the Promoter, any entrant or winner (and their companion/s, if applicable) (or if an entrant, winner or companion is not an adult, their parent or guardian) must sign an indemnity and exclusion of liability form (provided by the Promoter) in favour of all parties involved in this competition and/or providing the prize prior to undertaking any specified activities forming part of the competition or prize. If any entrant, winner, nominated companion or parent/guardian (if applicable) do not sign the indemnity form provided by the Promoter within the time requested by the Promoter, the relevant entrant‟s or winner‟s entry or claim will be deemed invalid. Where a winner‟s entry or claim is deemed invalid, the Promoter reserves the right to determine a new winner in accordance with paragraph 9 or 10 (as applicable).page 5 29 Prizes and participation in this competition are subject to any conditions imposed by the supplier or organiser of the prize, as applicable. 30 The Promoter and its associated agencies and companies will not be liable for any loss (including, without limitation, indirect, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person‟s negligence) in connection with this competition or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). 31 Without limiting the previous paragraph, the Promoter and its associated agencies and companies will not be liable for any damage to or delay in transit of prizes. Prizes will be provided by the Promoter to the winner/s as stated in the Prize Delivery section of the Schedule. 32 The Promoter may require the winner/s to provide identification as requested by the Promoter including (without limitation) proof of identity, proof of age and proof of residency. Identification considered suitable for verification is at the Promoter‟s discretion. 33 If due to any reason whatsoever the Promoter becomes aware after an entrant has won a prize that the entrant has not complied with these terms, that entrant will have no entitlement to the prize, even if the Promoter has announced them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize. 34 The Promoter may, in its sole discretion, disqualify any or all entries from, and prohibit further participation in this competition by, any person who tampers with or benefits from any tampering with the entry process or with the operation of the competition or acts in violation of these terms, acts in a disruptive manner or acts with the intent to annoy, abuse, threaten or harass any other person. 35 No prize is transferable or exchangeable, nor can it be redeemed for cash. In the event for any reason a winner does not take an element of any prize at the time stipulated by the Promoter then that element of the prize will be forfeited by the winner and cash will not be supplied in lieu of that element of the prize. The Promoter accepts no responsibility for any variation in prize value. Where a prize is unavailable for any reason, the Promoter may substitute for that prize another item of equal or higher value as determined by the Promoter, subject to the approval of the relevant authorities in the Relevant State/s, if required. Without limiting the foregoing, the Promoter may, at its absolute discretion, substitute cash for any prize (the amount of cash being equal to the prize value specified in the Prize Details). 36 Without limiting paragraph 30, the Promoter and its associated agencies and companies make no warranties or representations about the fitness for purpose or suitability of any prize and will not accept responsibility for the quality or fitness for any purpose of any prize, or the failure of any prize to be of merchantable quality. If liability under terms implied by legislation cannot be excluded, the liability of the Promoter and its associated agencies and companies is limited to re-supplying the relevant goods or services or paying the cost of replacing them. 37 If for any reason any aspect of this competition is not capable of running as planned, including by reason of infection by computer virus, telephone network failure, bugs, tampering, unauthorised intervention, fraud, technical failures or any cause beyond the control of the Promoter, the Promoter may in its sole discretion cancel, terminate, modify or suspend the competition, or invalidate any affected entries, subject to the approval of the relevant authorities in each Relevant State, if required.page 6 38 Without limiting any other paragraph, the Promoter may at its discretion amend any aspect of this competition or of these terms, subject to applicable laws and subject to the approval of the relevant authorities in each Relevant State, if required. 39 The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. Independent financial advice should be sought. Where the operation of this competition results in, for GST purposes, supplies being made for non-monetary consideration, entrants agree to follow the Australian Taxation Office‟s stated view that where the parties are at arm‟s length, goods and services exchanged are of equal GST inclusive market values. 40 Each entrant must ensure that any other person whose details have been provided by the entrant to the Promoter for the purposes of the entrant‟s participation in this competition has given their implied or express consent for their details to be provided to the Promoter and any of its related bodies corporate and to be contacted by the Promoter or any of its related bodies corporate in relation to this competition. 41 The information entrants provide will be used by the Promoter for the purpose of conducting this competition. By entering this competition, entrants consent to the storage of their personal information on the databases of the Promoter and its related bodies corporate and the Promoter and its related bodies corporate may use this information for future promotional and marketing purposes regarding their products and services including contacting entrants via electronic messaging. The Promoter may disclose entrants‟ personal information to its contractors and agents to assist in conducting this competition or communicating with entrants. The Promoter is bound by the National Privacy Principles in the Privacy Act 1988. Listeners can view the dmg Radio (Australia) Privacy Policy at www.dmgradio.com.au/privacy. Entrants can request access to the personal information the Promoter and its related bodies corporate hold about them by contacting the Promoter at the address stated in the Schedule. 42 Unless the contrary intention appears, a reference in these terms, the Schedule or in any advertisement relating to this Competition, to Australian dollars, dollars, AUD$ or $ is a reference to the lawful currency of Australia. 43 Where the competition is communicated on Facebook, entrants and participants in the competition acknowledge that the competition is in no way sponsored, endorsed or administered by or associated with Facebook and entrants and participants in the competition release Facebook and its associated companies from all liability arising from the competition. Entrants provide their information to the Promoter and not to Facebook. Title: Re: WIN Mazda + Round World Flights + $5k or 1/70 Summafieldayze DPs - QLD ONLY Post by: mnew9 on Monday 19 November 2012, 05:34:37 pm That really is an important part of the terms and conditions -
Entrants MUST be able to attend the major prize draw at Eaton's Hill Hotel 6-9am Friday 7th december 2012. |